State rebuffs Worcester election panel

WORCESTER 
The secretary of state’s office yesterday identified several requirements the Election Commission reportedly has put in place for poll observers that are inconsistent with state election rules, and ordered the panel to correct them.

The order, by Michelle K. Tassinari, director and legal counsel in the Elections Division, was issued after the Telegram & Gazette reported yesterday that the Election Commission issued rules that contain “numerous inaccuracies concerning rules applicable to the conduct of observers at a polling location.” She identified six rules and statements quoted in the T&G article that she said are inconsistent with state election regulations and the steps taken surrounding them.

City rules that were reportedly issued and that the Elections Division said are inconsistent with state regulations are: requiring election observers to provide photo identification and to wear a badge. There also is no requirement that observers notify election officials in writing before Election Day that they will be observing, Ms. Tassinari said.

Contrary to statements reported at the meeting, she said, the secretary of state allows pictures and video within polling places, although certain prohibitions apply to them. Also, no audio recording is allowed.

The Election Commission issued new rules after allegations of improprieties committed by election observers at the polls during the September primary that could have intimidated voters or suppressed the vote.

“If the commission finds it has received and disseminated information to its election officials and poll workers that is inconsistent with this letter and the accompanying materials” outlining the regulations, Ms. Tassinari wrote, “this Office directs you to take immediate remedial action and provide this Office with a statement as to the action you have taken and/or intend to take.”

City Solicitor David M. Moore said, “I’m sure the commission will review the secretary of state’s memorandum and take appropriate action.”

Although there is no requirement that observers wear a badge, which could make them appear to be official, Ms. Tassinari said, local officials are encouraged to provide observers with stickers and request that they be worn.

Ms. Tassinari disputed Mr. Rushford’s contention that the secretary of state’s office announced new protocols to Central Massachusetts election officials at a training session in Worcester last week. She said her office was not at such a training session and did not make such an announcement there, although representatives of her office were at an informal meeting in Worcester last week open to any group.

Ms. Tassinari said her office offered Mr. Rushford assistance in training city poll workers, including Election Day procedures involving observers at the polls, but he declined the help as well as several requests that her office be provided with training materials he intended to use for city poll workers.

She said pictures and video, but not audio, are allowed within polling places, outside of a guardrail area designated by the warden, provided they do not compromise the secrecy of any ballot or intimidate a voter, use public power sources, use signs, or leave equipment unattended.

Contrary to claims that the state developed new protocols because of Worcester’s request, Ms. Tassinari said, “There has been no new adoption of rules and regulations for this election that have not already been in place for prior years.”